SHAH MANTRAKSH AGARWAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME LKO. AND 3 OTHERS
WRIC/10637/2025 · 2025-11-14
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 179349 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179349 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10637 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of the State-opposite parties and perused the record. 2. This petition has been filed by the petitioner with the following main prayer:-
"(i) to issue a writ, order or direction in the nature of Mandamus commanding to the respondent to issue character certificate in favour of the petitioner within a reasonable time as early as possible in the interest of justice."
3. It has been submitted by learned counsel for the petitioner that the prayer of the petitioner for issuance of Character Certificate is not being considered on the ground that there is an F.I.R. bearing Case Crime No.167 of 2024 under Sections 351(2), 352, 126(1) BNS at Police Station Chowk, District Lucknow. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner automatically guilty of any offence. 5. This Court in Writ-C No.718 of 2025: Anil Kumar Vs. State of U.P. and others, and connected matters; Neutral Citation No.-2025:AHC- LKO:32272-DB, has observed that where there is a criminal case that is pending against a person, the Character Certificate issued by the Superintendent of Police should mention the details of such criminal case in the Character Certificate and leave it for the employer/agency to which Versus Counsel for Petitioner(s) : Uttam Kumar Awasthi Counsel for Respondent(s) : C.S.C. Shah Mantraksh Agarwal .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And 3 Others .....Respondent(s)
the petitioner has applied to take an appropriate decision after application of mind regarding the suitability of the candidate/ applicant. 6. We have gone through the judgement, which has been rendered by this Court in the case of Anil Kumar (supra). We are in agreement with the same. 7. We, therefore, dispose of this petition with a direction to the Superintendent of Police, District Lucknow to ensure that a verification report is sent to the District Magistrate/respondent no.2 containing the details of the F.I.R. lodged against the petitioner. The District Magistrate while issuing Character Certificate shall mention the pendency of F.I.R. and the final report, if any, filed in the trial court, which is pending disposal before the trial court.
Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. November 14, 2025 Ashutosh WRIC No. 10637 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench